Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 21, 2025
CASE NO(S).: OLT-24-000780 OLT-24-001007
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: RM Dufferin Plaza Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings
Reference Number: 23 164435 NNY 08 OZ
Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000780
OLT Lead Case No.: OLT-24-000780
OLT Case Name: RM Dufferin Plaza Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: RM Dufferin Plaza Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings
Reference Number: 21 203752 NNY 08 OZ
Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000781
OLT Lead Case No.: OLT-24-000780
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: RM Dufferin Plaza Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings
Reference Number: 21 203753 NNY 08
Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000782
OLT Lead Case No.: OLT-24-000780
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant: RM Dufferin Plaza Inc.
Subject: Site Plan
Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings
Reference Number: 23 164446 NNY 08 SA
Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000783
OLT Lead Case No.: OLT-24-000780
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1583796 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys
Reference Number: 24 113657 NNY 08 OZ
Property Address: 3180 Dufferin Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-001007
OLT Lead Case No.: OLT-24-001007
OLT Case Name: 1583796 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1583796 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys
Reference Number: 24 113657 NNY 08 OZ (21 131792 NNY 08 OZ)
Property Address: 3180 Dufferin Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-001008
OLT Lead Case No.: OLT-24-001007
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1583796 Ontario Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys
Reference Number: 21 121793 NNY 08 SB
Property Address: 3180 Dufferin Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-001009
OLT Lead Case No.: OLT-24-001007
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant and Appellant: 1583796 Ontario Inc.
Subject: Site Plan
Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys
Reference Number: 21 250652 NNY 08 SA
Property Address: 3180 Dufferin Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-001010
OLT Lead Case No.: OLT-24-001007
Heard: November 28, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
RM Dufferin Plaza Inc.
Anne Benedetti
1583796 Ontario Inc.
Anne Benedetti
City of Toronto
Laura Bisset
Simona Messina
Duff Real Estate Holdings Inc.
Matthew Schuman
Paul Rycroft
DECISION DELIVERED BY M. QUESNEL AND ORDER OF THE TRIBUNAL
INTRODUCTION
1In the matter of OLT-24-001007, a first Case Management Conference (“CMC”) was held in respect of appeals concerning the failure of the City of Toronto (“City”) to make a decision within the statutory timeframes on an application for an amendment to the Official Plan (“OPA”) filed pursuant to subsection 22(7) of the Planning Act (“Act”), an application for amendment of the City Zoning By-Law No. 569-2013 (“ZBL”) and the City (North York) ZBL No.7625 pursuant to subsection 34(11) of the Act, an application for a proposed Plan of Subdivision pursuant to subsection 51(34) of the Act and a Site Plan Control approval pursuant to subsection 114(15) of the City of Toronto Act (“Applications”) in respect of the property known as 3180 Dufferin Street in the City of Toronto (“Subject Property”).
2These Applications were filed by 1583796 Ontario Inc. (“Applicant/Appellant”) to facilitate the development of a large and rectangular-shaped parcel of land with an area of approximately 1.63 acres with new residential/mixed-use buildings. The initial application submitted to the City was for the redevelopment of land to build four towers of 18, 20, 23, and 25 storeys, as well as a new public park.
3In matter OLT-24-000780, a second CMC was held. At the first CMC on September 25, 2024, the Parties requested an adjournment to have both matters heard together as they are for adjoining properties, and it would be beneficial that they all be heard at the same hearing. The Tribunal agrees that matters OLT-24-000780 and OLT-24-001007 are related and have joint elements. Therefore, it would be beneficial for them to be heard together.
NOTICE
4An Affidavit of Service sworn on November 4, 2024, attesting to the giving of notice for this proceeding in matter OLT-24-001007, was marked as Exhibit 1.
5Notice was not required for OLT-24-000780 since it was a second CMC.
REQUESTS FOR STATUS
6In advance of the CMC for matter OLT-24-001007, the Tribunal received a request for Party status from Duff Real Estate Holdings Inc. (“DREH”). DREH is the owner of the property known municipally as 3130 Dufferin Street (“3130 Dufferin”), which is located directly south of the Subject Property. The Subject Property and 3130 Dufferin are also located within the boundaries of the Dufferin Street Secondary Plan (OPA 294) and designated Mixed Used Areas, which, thus, contemplates intensification on both sites. However, City policy also includes directions addressing improvements to the road network and public realm, with consequences for setbacks and building locations. City policy also includes relationships between proximate buildings, including but not limited to matters of tower separation. Such directions have consequential implications on building massing and siting otherwise. No objections were raised from the Applicant/Appellant or the City to the request. Having reviewed the request, the Tribunal is satisfied that DREH is raising reasonable grounds and genuine land use planning issues regarding this matter, and its participation in the hearing of this appeal is reasonable and necessary to enable the Tribunal to effectively and completely adjudicate the proceedings. The requested Party status is granted to DREH.
BACKGROUND
7The Tribunal was provided in advance with a draft Procedural Order and Issues List (“PO/IL”), and only the dates were to be filled out once the hearing was set. The Parties indicated that they have worked together to provide the PO/IL. A fifteen-day Merit Hearing to start on March 31, 2025, was agreed upon, and the parties agreed to complete the PO/IL and submit it to the Tribunal by December 6, 2024.
8On December 6, 2024, the Applicant/Appellant counsel sent an email to the Tribunal requesting additional time to submit their final PO/IL since the parties were in the process of participating in discussions that could result in the resolution of issues or the narrowing of issues. The Tribunal agreed and requested that the PO/IL be submitted by December 16, 2024.
9On December 16, 2024, the Tribunal received another email from the Applicant/Appellant counsel advising that the Parties had discussions but have not yet resolved all of their issues. In light that the Parties had made progress, they advised the Tribunal that they believe it would be beneficial to adjourn the hearing currently scheduled to start on March 31, 2025, to the fall of 2025 so that they can use the time to work to reduce or resolve any issues further to their positive progress to date.
10A Telephone Conference Call was set for January 16, 2025, at 9 am to discuss the request to change the hearing date. On that date, the Parties explained that they had constructive discussions and needed more time to hopefully resolve some issues. Even though they are working on resolving issues, they are still requesting to reserve fifteen days for the hearing. The Tribunal accepted that it would be beneficial to change the hearing date to allow the Parties more time for discussions and preparation.
MERIT HEARING
11The Parties jointly requested the Tribunal set down the matter for a fifteen-day hearing with respect to all matters.
12The Tribunal scheduled a fifteen-day hearing to start on October 1, 2025, at 10 a.m. by Video Hearing. The Tribunal will not be sitting on Monday, October 13, 2025, and Tuesday, October 14, 2025, so if the full fifteen days are required, the hearing will finish on Thursday, October 23, 2025.
13Parties and participant are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
14Parties and Participant are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
15Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
16Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
MEDIATION
17The Parties will continue discussions with a view to scoping or resolving various issues in advance of the scheduled hearing. The Parties are aware of Tribunal-led mediation and will request same if desired.
ORDER
18The Tribunal confers Party status to Duff Real Estate Holdings Inc.
19The Tribunal accepts that both matters OLT-24-000780 and OLT-24-001007 be heard together for the benefit of the Parties.
20The Tribunal directed the Parties to file the PO/IL no later than Tuesday, January 28, 2025.
21The Hearing of this appeal shall commence on Wednesday, October 1, 2025, at 10 a.m. by Video Hearing.
22No further notice is required.
23The Member is not seized of this matter.
“Mathieu Quesnel”
MATHIEU QUESNEL
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.